heather: no, a lot going on today. bill: do you prefer the cruise ship or the meteor. heather: take your pick. bill: great to be with you heather. have a terrific weekend. heather: good to be with you, bill. jon: we begin with brand-new stories and breaking news. jenna: we'll begin with one of the choices that bill mentioned. a massive meteor injuring nearly a thousand people. what we are learning about the damage and how powerful this blast from space really, really was. plus an olympic hero now charged with premeditated murder in the death of his model girlfriend, why police appear to think this was no accident. and the drone wars, the president promising more transparency when it comes to killing americans who join forces with terrorists, but will it be enough? it's all "happening now."

jon: you know, most people are a little sad when their vacations are over. jenna: you've got to go back to work, get back in the swing of things. jon: not these folks. this was a real nightmare and it's finished. good morning i'm jon scott. jenna: is that a little bit of a silver lining? i don't know if we are far enough from the event to call it that. hi, everybody, i'm jenna lee and the carnival triumph is now in alabama. and the 4200 people stranded at sea for five days are getting used to life back on land, probably not soon enough. the ship pulling into port last night. it took about four hours or everyone to disembark. look at them, many too tired to talk, many kissing the ground as well, describing a journey that included overflowing toilets, food shortages, foul odors and a lot of fear of course. some saying the lower floors were flooded with sewage after an engine room fire knocked out power and plumbing on sunday turning on what was supposed to be a trip to sunny mexico into bate of an inch turns test.

jon: jonathan serrie live for us in mobile, alabama. hour the passengers doing. >> reporter: some of the passengers are already home. others will be boarding flights to various destinations today, flights out of new orleans. carnival chartered 20 planes and one hundred buses for passengers who were on board the triumph. everyone seemed to be relieved to be on dry land when they got off the ship yet, but when it came to the conditions that they endured on board the triumph, many passengers seemed to take it all in stride. >> we got some stories on the internet about how bad, like there was some dripping down the walls and things like that. yes, there was maysess where there was and i definitely saw some very disgusting things, but i felt that under the circumstances it could have been a lot worse. >> reporter: carnival officials say they will reimburse each passenger the cost of this particular cruise, plus give them a credit for a future crews

and $500 in cash as well as reimbursing all travel expenses. jon: that guy in the cubs jacket is used to travail, a baseball fan like that. [laughter] jon: what is next for the ship, jonathan? >> reporter: jon as you may have noticed behind me the ship that was my backdrop until about an hour ago has been towed away to the other side of mobile bay. the ship was brought to baa systems. it runs a shipyard on the other side of mobile bay where the triumph will undergo repairs, cleanup crews also, as you can imagine, have their work cut out for them, and the ntsb will be investigating the cause of the engine fire that disabled the ship in the fir place. carnival officials tell us the triumph will be out of service through april, jon. jon: jonathan serrie live from mobile where a lot of happy people are back on dry land. thanks, jonathan. we will be hearing from more of the passengers who were on board the carnival triumph coming up

later in the hour. jenna: in the meantime you're seeing some of this new video in from russia. we'll show you some of the chaos that filled the streets of a russian city after a flaming meteor plunges to earth at supersonic speed causing wide-spread damage, injuring now almost a thousand people. that number has gone up over the last couple of hours. our greg palkot is live from london with the very latest on all of this. >> reporter: we've been taking the information and monitoring this spectacular video this, meteor smacking into russia. it happened in a city of about a million people, a little under a thousand miles to the east of moscow, and it happened just after 9:00 in the morning local time there, that is why a lot of people saw it, and a whole lot of people recorded it on their cellphones, on cameras in their car, on closed circuit television. russian scientists say that the meteor was at least 20 feet wide when it started to enter the atmosphere and weighed about ten tons and hit the atmosphere at a

whopping33000 miles an hour. people saw the streaking of the meteor across the sky then saw a bright flash, a blinding light, that was the explosion of the meteor into a fireball. people then a few minutes later said they heard the explosion, a sonic boom, the shock wave and that is apparently what really did the damage around this city, broke windows, caved in some roofs, other damage. one report in addition to the injured, about a hundred people have been hospitalized. so far no deaths have been reported, and at least one crater has been found where at least one fragment of the meteor hit the ground. this is rare. this is unusual, and spectacular. most meteors burn up when they enter the atmosphere. a few small ones have hit the u.s. a few times in the last couple of years, maybe every five years you get a big one like this but never this amount of injuries. we've heard a little bit more about incidents in russia mainly because it's such a large land mass of that country. meanwhile the city in russia is now -- it's evening there, they are trying to come down-to-earth

after this really, really spectacular strike from the sky. jenna: maybe once-in-a-lifetime, right? you hope, you hope in this situation. thank you very much. greg palkot from london for us today. this is the start of what is shaping up to be a very busy day in space as we're about to witness an astroid get closer to earth than some of our very own satellites. an expert a tron more will join us this hour for more on this and the meteor in russia. a lot more on this coming up, jon. jon: what exploded over russia was a meteor. what is about to fly by the earth later today is an astroid. they are both essentially big space rocks. so what is the difference? an astroid defined as a large rocky body in orbit around the sun while a meteor is a smaller, rocky body that has entered the earth's atmosphere. you can sometimes see them in the sky. we know them as shooting stars. if a meteor survives its fiery trip to the ground, which

doesn't actually happen all that often, it then becomes a meteorite. jenna: good information. if any of our viewers are on a game show, jon that will come in helpful, the quiz section of that. jon: space junk for a hundred please. jenna: i like it. this isn't the first time a meteor has caused damage in russia. the most powerful meteor explosion in recorded history happened over siberia in 1908. it was known as the t u.n. gusta event and the shock wave from the blast leveled nearly one thousand square miles of forest. a lot of damage can be caused. more on this later this hour. jon: "happening now," some fireworks in washington, and a nomination stalled. republicans blocking for now president obama's pick to head the pentagon after chuck hagel's nomination comes up short in a key senate vote. let's talk about it with monica crowley radio talk show host and fox news contributor. harry reid said just when you thought things continue get

worscouldn't get worse, it gets worse. >> senator reid is sanctimonious on this point blaming the republicans and getting all up in arms about the fact that the republicans are holding off on this nomination when the democrats have performed similar maneuvers to try to block republican nominees including george h.w. bush's choice for defense secretary john tower. and nominee john bolton. jon: this is the kind of thing that has happened before. >> on both side, correct. nothing new here. jon: why are the administration, and democrats in the senate making it out as though the sky is falling here? >> they are trying to make a political argument that the republicans are just doing this for politics but nothing could be further from the truth. chuck hagel is a very problematic nominee. he had one of the most disastrous confirmation hearing performances in recent history. we are still getting information that he should have disclosed at the outset when he was first

nominated about speeches he has given and so forth. there is a lot of information we don't have and don't know about chuck hagel that we should be getting, and of course the bigger point is about benghazi. senator graham, other senators are putting a hold on his nomination because this administration is not disclosing everything they have about the benghazi attack. jon: and republicans haven't said absolutely not to chuck hagel, they have simply said, we need more information, and please get it to us. >> that's right, then we will give you a vote this. administration which has pride itself on transparency has been anything but transparent its come to the september 11th benghazi attacks which left four americans dead. we don't have answers. and it really is the -- the burden is on the white house, jon. the burden is on this administration. there is no reason why this nomination should be held up for that reason. he should go to a vote if you disapprove of him as defense secretary vote him down. the reason they have to put a hold on him is because this administration will not provide the most basic accountability on

what happened in benghazi. jon: do you think that president obama assumed that because he was nominating a former republican senator for the job he would have easy sailing? >> well, i think that was part of it. i also think he chose chuck hagel because he would like to have somebody who will go forward with the very steep and profound defense cuts that the president wants to see go through. chuck hagel has been on the record saying he approves of very steep defense cuts. he'd also like a republican in that position to take the heat when those defense cuts ultimately go through. jon: so your prediction if the republicans get the information they are looking for does chuck hagel get in or -- >> i don't know, i think he's such a problematic candidate here for this job that at this point it's probably a 50-50 proposition that he actually makes it. jon: we'll see what happens in the next couple of weeks. monica crowley, thank you. >> thank you. jenna: monica mentioned benghazi. the president is pushing back against critics on benghazi in some of his strongest language yet. what the president said that is

getting a whole lot of reaction today. we'll play that sound for you. plus a former big city mayor admits she stole millions from a charity to feed her gambling problem. wait until you hear how much. >> i always intended to pay it back, and i still intend to pay it back.

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and ask about adt pulse, advanced home management here today. adt. always there. jon: right now new info and some crime stories we are keeping an eye on. a potential blow for prosecutors trying to prove a new york city cop plotted to kill and yes, eat women. the judge has ruled jurors will not be shown certain gruesome images. his defense attorneys says he engaged in fan satisfactory sees in online chat rooms and didn't mean any of it. a former mayor in san diego admitted she stole $2 million from her late husband's charity

to fuel her gambling debts. she came clean and is trying to repay the debt. christie kenya smith last seen by her 15-year-old son who saw her leaving their home. police say she is six months pregnant. jenna: right now police returning to the scene of a crime for a second time. that's where they believe this five-year-old was held after she was kidnapped last month. we'll try to grab that picture for u. she was found early the next morning at a playground about a mile away. and now police are saying there is one thing that the little girl told them that led them right to the door of her accused kidnaper. but again they are back to that site again. harris faulkner is at the breaking news desk. >> reporter: in a moment i'll explain the video that you were calling for. police with a search warrant in

hand went back to the house jenna was telling you about where they believed the little girl was held against her will, this time with news cameras rolling. police pulled out several people, including a 19-year-old daycare worker. she is now charged with snatching that kindergartener from the classroom. here is the video that jenna was talking about. it happened at the philadelphia elementary school. the others taken away from the house are being questioned at last check. detectives were at the home last week taking carpet sample for possible dna matching and they took a bird, a parrot. the kidnapping bold, january 14th. you're taking a look at the surveillance video now. a woman described as wearing must lynn clothing posing as the child's mother signed her out of school. here is what is amazing about the story the five-year-old told them there was a talk bird in the the area where she had been blindfolded. and when someone took her out of that house without a bind fold on she recognized the back end

of that residence and helped police with good information. imagine having the presence of mind at five years old to be that observant. police say they suspect a teenager helped the child escape from the home and may have been the one who left her at the playground. jenna: smart little girl. we'll have more on the story as we get it. jon: very smart. passengers who spent five days stranded on a cruise ship with not much power, not much working plumbing, they are finally back on land. we will talk to one of them about this terrible ordeal, next. >> it's great to be backn america and on land. the crew was great. i can't say enough about them. >> are you rang re? >> angry? >> not angry, just so happy to be home, real i.

jon: "happening now," president obama pushing back against critics who say his administration lacks transparency on drone strikes and benghazi. here is mr. obama on what was billed as a fireside hangout on google plus. >> this is the most transparent administration in history. i can document how that is the case. everything from every visitor that comes into the white house is now part of the public record, that is something that we changed. jon: the president insists this transparency rings true even during his administration's handling of the terror attack in libya that left our ambassador and three other americans dead. >> benghazi by the way is not a good example of that. that was largely driven by campaign stuff because everything about that we've had more testimony and more paper

before congress than ever before and congress is sort of running out of things to ask. jon: chief intelligence correspondent catherine herridge joins us now. the confirmation hearings that we've been watching recently, haven't they produced conflicting statements about benghazi and what happened? >> reporter: they v jon. just last night on the daily show in her first interview since she withdraw from consideration for secretary of state. ambassador susan rice said she was the victim of bad intelligence when she shade on talk shows that the attack was a spontaneous response to a anti-islam video. >> i shared the best information that our intelligence community had at the time. and they provided the talking points that i used, and they were wrong in one respect we learned subsequently, and that is that there wasn't in fact a protest. >> reporter: during the recent benghazi hearings before the senate armed services committee the secretary much the defense said he knew immediately it was an act of terrorism. >> at the time, you know,

obviously when this was going on we weren't sure what was taking place there, but when i later found out that you had rpg's and mortars and there was an attack on that second facility there was no question in my mind it was a terrorist attack. >> reporter: while the president has insisted he called it terrorism right out of the gate on several tv appearances including the view on september 25th. he declined to call it terrorism when he was asked that question point belong. jon: susan rice makes the statements on "fox news sunday," and face the nation and "meet the press." now she's talk tock the daily show. whatever. what about the classified cable in august that said the consulate continue sustain a coordinated attack. >> reporter: this cable first reported by fox news is described as a smoking gun warning. it was sent to secretary clinton's office one month before the attack. mrs. clinton testified in january that she never saw it. >> were aware of this cable, this august 16th cable?

>> congressman, that cable did not come to my attention. i have made it very clear that the security cables did not come to my attention or above the assistant secretary level where the arb placed responsibility, where as i think ambassador pickering said the rubber hit the road. >> reporter: one ever the revelations of the panetta dempsey testimony is that this state department cable warning the consulate could not sustain a coordinated assault was considered so important that they were read in on it. >> when secretary clinton testified a few weeks ago that she had a clear-eyed assessment of the threat we faced in libya is that really a credible statement if she didn't know about the ambassador's cable on august the 15th saying we can't defend this place? >> i don't know that she didn't know about the cable. >> she said she didn't.

are you stunned that she didn't? >> i would call myself surprised that she didn't. >> reporter: late last night on capitol hill we had a news conference with three republican senators among hem lindsey graham who stated for the first time that he had been told by the director of national intelligence, james clapper, the nation's top intelligence officer that the president was indeed informed about these two previous attacks on the cans lit in april and june, one of which blew a hole in the wall at the consulate. there is no question on september 11th when the president understood that consulate was under attack he knew about the deteriorating conditions in the months leading up to that, jon. jon: interesting. catherine herridge, good reporting, thank you. >> reporter: you're welcome. >> i happened to go in the shower, and it got really really filthy and smelly and really bad. >> it was disgusting. we tried not to eat. she never went down there for days, she didn't want to eat a

so she didn't have to use a red bag in a toilet about this high. >> the smell was bad. it got worses longer it went. it wasn't a vacation, it was survival mode. jenna: we are hearing horror stories, thousands of them who lived on a disabled cruise ship, living with no power, overflowing toilets, horrible smells. could you see some of them kissing the ground when they got off the ship. the ordeal was on the carnival triumph. it finally pulled into port in mobile, alabama last night. mike westwood is joining us on the phone. i was on the ship with his wife. he is driving through the great state of texas, his home state. how good does it feel to be back on solid ground. >> it feels wonderful to be on solid ground especially in texas. jenna: as someone who is married for a text an texan i know i

can vouch for that as well. texans feel pretty good when they are back home for good reasons. what was the most challenging part of the ordeal. >> the most challenging part was not listening to rumorsnd watching where you walk, because of what was running on the ground, on the floors. jenna: what was running on the floors? >> urine and feces, you would have at different times. you just had to walk and it was like amaze, it was not everywhere but it was there. jenna: just thinking about that can make your stomach turn, thinking about such a big ship and we're seeing that on the camera, it's a huge ship. what did you do over the last couple of days? where did you guys stay? how did you avoid the floors where the waste was, how did you get by? >> my wife being a nurse practitioner always packs a very nice survival bag. we were able to survive very well with with flashlights and

lysol and stayed in our room to minimize our opportunity of having disease with others. we ate in our room. we would stand in line and get food, we brought stuff to read. we were good, we had the ipad, kindle, we had it all. jenna: it sounds like a good idea. we were reminded by a doctor earlier this week on the show to have an emergency kitten when you travel. its something we should all take into consideration. we were hearing we don't know if there is a rumor or it's true, you mentioned there were rumors on the ship that some folks were hoarding food. can you tell us a little bit about that? what was going thropb. >> on there? >> that is not a rumor. we saw people going with plates. in fact my wife was with a jazzercis group, that's how we went on this. they met with the crew members and they suggested they start rationing the food, serving it themselves which they implemented. that took that problem away and it also moved the lines from being a two-hour wait down to

more like an hour 15 or so, or sometimes an hour to get food. jenna: sounds like you married a pretty good woman, mike. >> she is, a retired military officer. she knows how to handle things. >> reporter: she has a lot of good ideas. she got the military supplies. she sound like a keeper for sure. we heard passengers were getting a refund, future cruises and $500 in compensation. how do you feel about that? >> being totally retired we are comfortable with that. i think people that was losing work because they were out of work, i think they have an issue. i don't know how that will be solved. we are going to get our social security anyway and our retirement out of our 401, our annuities anyway so that doesn't make much difference to us. >> reporter: that's an interesting point. this is your third cruise. is there going to be a fourth cruise, mike?

>> absolutely. like i've been telling the others, if you have an automobile accident you don't quit driving. jenna: sound like a good point. if you have your emergency kit that really helps out. that is a good tip for all of us, mike. say hello to texas for us and hope you have a nice relacking next few days. >> okay, see you all. jenna: emergency kit, suggestions about the food that is the type of person you want to be stuck with. jon: former military officer, you go. olympian oscar pistorius breaks down in court east is formal low charged with murder in his girlfriend's death. new photos from the courtroom and reaction from the sports world. why police say premeditated? also, president obama promising more transparency on those lethal drone strikes overseas. this as the faa moves forward with plans for drones here in the u.s. a look at the latest efforts to

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jenna: breaking this hour, new images of oscar pistorius in court. the south african olympian known as, "blade runner", seen sobbing as he is formerly charged with murder. as you know he is accused of shooting and killing his model girlfriend on valentine's day. we have team coverage.

lori rothman covering some business angles emerged given the story is such a huge superstar athlete. we begin with elizabeth prann with the latest on the case. >> reporter: what an emotional hearing it was, jenna. oscar pistorius sobbing as he stood with his head down in front of the judge as he was formally charged with the shooting death of his girlfriend inside his mansion the charge of premeditated murder means prosecutors will argue he planned to kill his model girlfriend. reva stein camp. she was shot in the chest, head and arm. the investigators conducted a autopsy on the body but the results will not be published. pistorius's property reached out to place a hand on his shoulder to console him. we have a first-hand look at the weapon allegedly used. they brought in a .9 millimeter pistol in a black frons sick bag. this was to be believed to be the pistol used to kill steenkamp. she was found the same day she was to speak to high

school students about the dangers of domestic violence. they called into question a criminal charge against the 26-year-old athlete and it reads in part, firstly and most importantly all of our thoughts today must be with the family and friends of reeva steenkamp. the alleged murder is disputed in the strongest terms. we heard from the slain model's family today. listen. >> won't say one thing, you know. if you really believe in the lord, that will come out and we don't have to make any judgment. the judgement will be done then. >> reporter: he made history six months ago when he became the first double amputee track athlete to compete in the london olympic games. he was propelled to fame as the best known parahimmian to compete with able-bodied athletes. jenna: elizabeth. thank you very much. in the weighing of shooting moves are being made by big businesses involved with this athlete. lori rothman from fox

business joins us with more. lori? >> hi, jenna. for the world class athlete the product endorsement is more a measure of success in many case than the actual contract with a team or sporting accomplishments on the field or the court. in the case of oscar pistorius, reports have his total net worth valued at about 5 million u.s. dollars with endorsement deals valued at around 2 million u.s. dollars per year. the most high-profile of those endorsements is with the u.s. based athletic shoe company nike. we do know that he has already been on the air with several nike advertisements. most notably the one with unfortunate tag line, i'm the bullet in the chamber. the now the statement from nike of course, condolences to all parties involved with the devastating shooting and they say it is a police matter and that nike will not comment further. some of the other endorsement deals pistorius has, british telecom company bt, sunglasses maker oakley

and colleging designer. back to nike. i checked shares. they're actually trading higher by one half of 1%. nike of course a widely-held stock around the world but of course this all, jenna in jeopardy here. he just burst onto the scene last year. these are considerable dollar values for his net worth and his earning capability. now all that in question considering these recent events. jenna: a story we'll continue to follow closely, lori. thank you. jon: there's never been a drone used on an american citizen on american soil and, the, i know, we respect and have a whole bunch of safeguards in terms of how we conduct counterterrorism operations outside of the united states. the rules outside of the united states are going to be different than the rules inside the united states. jon: that is president obama promising more transparency when it comes to killing americans who join forces with terrorists.

will it be enough to quiet his critics? let's talk about it with paul gigot editorial page editor of "the wall street journal.". paul, we can take heart, because we know basically won't be invisible drones above us. if i walk down the streets of manhattan and displeased the president somehow, i won't be a target at least on american soil? >> i think he had to do something like this because the debate over drones was getting away from them. they were running the risk there would be far more serious limitatioins put on drone use if they didn't do something like this. of course the details will matter whatever safeguards are put in place. jon: we know, that you know, american citizens, like al-awlaki, not a good guy, but still an american citizen they have been killed overseas in drone strikes. >> they have. but remember throughout history, americans who side with the enemy have been targeted. we did it in world war ii when americans joined the nazis for example. that is not that extraordinary.

jon: all right. congress has got the details of these, you know, the parameters of this administration policy. >> right. jon: but only to my knowledge the senate and house intelligence committees. >> that's right. jon: that's a very small number of people on capitol hill. >> it is. jon: should there be more disclosure? should we all get a look at this policy. >> i don't think we want members of congress looking at target lists necessarily. jon: maybe not the lists. >> you about we do want a more robust debate about the justification for the policy. we want a little more transparency. remember this is war fighting. there is a balance to be struck between letting generals and the executive branch, which has the ultimate commander-in-chief authority, of conducting the warfare and then a debate over some of the legalities of it and the terms that i think is fair game for transparency. but i don't think we want judges making decisions about who we can target, for example. that is not their expertise. jon: well, but critics of

policy like our own judge napolitano here on fox, they say we don't have a king in this country and one man should not be allowed to make a decision on who lives and who dice. >> i disagree with the judge on that i think the constitution does give the ultimate commander-in-chief power to the executive. you can bring in congress here to look at the program, be able to discuss with the executive and make sure that all, that there is a process in place that observes due process and that doesn't allow a president, for example, to go beyond the parameters of what is in those legal memos. but on the other hand the ultimate authority for warfare goes with the commander-in-chief. jon: interesting though, drones are coming to this country, or so it would appear, not drone strikes. they will start using drones for all kinds of law enforcement and surveillance activities. >> absolutely. you can't stop the spread of this technology because they're getting cheaper. they're getting smaller. they're getting less intrusive.

and they have possibly good uses. i mean imagine a big rancher out west being able to follow his crops that need watering for example, without driving 40 miles. you can see the police departments want to use them. jon: right. >> so but there are implications for privacy and other things we have to worry about. jon: ranchers are not what have people worried for privacy experts. paul gigot, thank you. >> thank you. jon: catch more of paul this weekend when he hosts the "journal editorial report", tomorrow 2:00 p.m. eastern time right here on fox news channel. jenna: well, there are some new concerns about our justice system today as we look at a high-profile computer fraud case that led to charges involving more prison time than some killers get. why is that? why is this happening? we take a closer look ahead. plus back to my hometown for a tradition i never took part in. but apparently is a pretty big deal. a big battle with pillows on valentine's day. we'll tell you where, next. [ manager 1 ] out here in the winds,

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jenna: feathers are flying in a valentine's day showdown of epic proportions. take a look at this. a massive pillow fight in my hometown of san francisco. hundreds of couples swinging away. some fighters employed special strategies, jon. one calling his move the helicopter to take out every person around him. others showed up in armored suits made of, well, pillows. this is the 8th year for the great san francisco pillow fight. i love my hometown but i don't really have a explanation for this one, as i don't for many things out in the bay area. jon: who cleans up after that? that is a lot of feathers. jenna: how do you know it is over? we'll let those questions linger. pretty interesting video. jon: some new questions right now about prosecutorial overreach after the recent suicide of an admired computer wizard

who hacked into a mit database of academic journals. he was charged with wire and computer fraud and faced 35 years behind bars along with massive fines. his case raising a lot of questions as to whether prosecutors are piling on charges and trying to win certain cases at any cost. doug mckelway, live in washington with that. doug, for every case like that of aaron schwartz, there are probably dozens we never hear about, right? >> that's right, jon. to the point that it is raising a lot of concern among legal scholars that the power of federal prosecutors and local prosecutors, too, is becoming unchecked. keep in mind aaron schwartz was facing potentially more jail time than many murder defendants even though the document he downloaded were readily available to anybody at mit library. the public knows when police make an arrest and investigate a crime there are safeguards in place and the same when it goes to

trial. when a prosecutor considering charges against a defendant it is all happening behind closed doors. >> there is absolutely no protection. they have total discretion and because the criminal laws are so complicated, it's very easy for prosecutors who just want to get somebody to start looking for laws they may have broken and if you investigate basically any american you will find they committed some sort of felony, probably without knowing it. >> reporter: prosecutors have many more resources and more money at their disposal at all but richest of defendants. every charge they add and means more expense and potentially more jail time for the defendant. jon? jon: the power of some of these prosecutors has really grown in recent years. >> reporter: it has. congress has a pretty lidge call explanation. congress and state legislatures add new laws adding to a prosecutor's grand bag of options to pressure defendants by piling on charges. and limitingness sentencing guidelines to limit what a judge can do to exercise

judgment and squeezing grand juries and they offer almost no check to a prosecutor's power. >> what happens i believe the court doesn't do enough with the grand juries it explain to them what they're allowed to do and do their own policing of grand juris. what happens? it is left to the prosecutors. >> reporter: the end result of this is only one in 40 cases now goes to trial. most of them are plea bargained away. law professor glen reynolds suggested one solution, loser pays even in criminal trials. if a prosecutor piles on charges, he should be required to pay the legal costs to a defendant for whatever charges are dropped or lost at trial. it is controversial but, reynolds for one sees that as the potential solution, jon. jon: yeah. having sat on a federal grand jury myself for three years i know something about the power of the federal government in cases like these. doug mckelway in washington, thank you. jenna: best three years of your life, right? jon: well --. jenna: you learned a lot. jon: i did learn a lot. it was interesting. jenna: very interesting.

the nightmare at sea finally over for more than 4,000 people trapped on that cruise ship without power or working bathrooms. what is next for the passengers? we'll have a live report ahead. also talk about too close for comfort. hours after a 10 ton meteor injures thousand thousand in russia, astronomers watch the heavens as we prepare for a close encounter with a massive asteroid. what is happening in space? answers ahead.

jon: right now people are still talking about how frightening it was when a 10 ton meteor explode in the skies over central russia. you can see the fireball as it streaks across the sky at supersonic speed. the shock wave smashed windows, flying glass and debris injured almost a

thousand people there. that happening just hours before a cosmic close encounter with an asteroid half the size of a football field. this thing is going to pass by earth later today. it will be closer than some of our own orbiting satellites. derek pitts is the chief astronomer at the franklin institute planetarium in philadelphia and joins us now. derek, are these two things related? kind of ironic you have a meteor blasting over russia just as this other one makes such a close pass. >> it really is coincidental this happened this way, jon. the two are not related to each other. thank goodness the two are not related to each other. it is interesting the two would happen at the same time. although meteors can stream into the earth's atmosphere at any time this happened to be a rather large one. jon: this big one this will make a fly-by later on today, that they have known about, they have charted it, they

have seen it coming. the one that blew up over russia was probably too small for anybody to pick up on any kind of radar or anything, huh? the. >> that is really the way we can look at this. these asteroids we see coming into the earth's atmosphere today has been tracked more more than a year so we could know and understand the trajectory, how close it would come to the either, things like that. meteors come streaking through the earth's atmosphere. they can come streaking through the earth earth's atmosphere. we're not tracking them like aster 'roids. -- asteroids. this one just happened to be on the large size. jon: what happens when it blows up? it is a rock. it comes streaking through the atmosphere at thousands of miles-an-hour. the friction when it encounters the earth's atmosphere that makes it hot. what causes the explosion? >> when it comes into the earth's atmosphere traveling over 30,000 milesn-hour first thing that is

happening compressing air ahead of it. so it heats the air ahead of it andmation the sky glow around it to make it look like it is on fire. then the shock of pressing into the earth's atmosphere that helps break it up into pieces. the pieces fall to the surface of the earth. the shock wave comes from the fact it is traveling greater than the speed of sound. it is breaking the sound barrier, because it is down so low, 30 miles or so above the surface of the earth, it create this is shock wave that travels out ahead of it that can break all the windows we saw in this particular instance. pieces of it have also fallen and hit buildings in the region around it. there will be that kind of damage as well. jon: wow, scary stuff. derek pitts, thanks for explaining it to us. >> my pleasure, jon. thank you. jon: you bet. jenna: now that the carnival triumph is back on land, new fallout following the nightmare ordeal at we spoke to a 12-year-old yesterday on board the ship. she was a great correspondent for us. she will join us live in a

few moments. "blade runner" oscar pistorius breaking down while hearing the charges against him. we'll talk to someone who was in the court at today's hearing next

jon: a world famous athlete facing murder charges cries in court. the blade runner, oscar pistorius, breaks down after fatally shooting his girlfriend on valentine's day. it is a brand new hour of "happening now," thanks for joining us, i'm jon scott. jenna: hi, everybody, i'm jenna lee. and right now oscar pistorius is being held behind bars. police arrived at his home early in south africa where they found his girlfriend's lifeless body. according to reports, she was shot multiple times. the double amputee olympian sobbed during his initial court appearance, and now we hear prosecutors are considering a more serious charge of premeditated murder.

joining us on the phone is def van mailly, she covers south africa for the or wall street journal and dow jones news wires, she was in court for today's hearings. tell us a little bit ant the scene in court -- about the scene in court, describe oscar's reaction as well. >> yeah. it was a very packed court. it was full of a lot of journalists, but also several members of his family including his father and brother. and os to car came into the courtroom -- cost car came into the courtroom looking calm and confident, and he stood before the judge, and as the prosecutor announced the charge of murder that would be laid against him, he covered his face, and he broke down in tears. and then he spent most of the 30-minute hearing hunched over sobbing. jenna: devon, what happens next? we just said he's going to be held immediately, but what is the court process like in south africa, what's next? >> well, he was supposed to to e

a bail hearing today, but his lawyer asked for a postponement to hear more of the investigation from police. so next tuesday he'll come back to court and go before the same judge where they'll carry out the formal bail hearing. the charges will be formally laid by the judge, um, and he'll presumably be asked to make a plea. and then from there scheduled for the court process -- jenna: does that happen quickly? does it go to trial quickly in south africa, or are we talking about weeks and months ahead? >> it's likely to be weeks and months ahead. it can be quite a slow process. jenna: there's been so many different reports in south africa and around the world about what exactly happened in this incident. we've heard from police that they have been called in the past to the home of oscar pistorius, but they've been vague about why. what have you heard? >> yeah. they're not saying much more to that. like you say, they just said that there'd been some past domestic incidences that they

were called to, and local media today were replaying interviews from 2009 when mr. disto have yous was arrested and spent one night in prison after an incident during a party where one of his guests accused him of assault. and the charges were later dropped. jenna: and that guest was a woman, wasn't it? in that guest was a woman. jenna: just a lot bubbling up. in south africa, what's the reaction from the community there? >> people have been in shock. he was, they saw him as a great hero, someone who overcame a lot of adversity, and so they were really taken aback by this. and, i mean, one, one column today called him a fallen hero and how south africa was quite lost without him. jenna: well, devon thank you so much for the perspective being inside the court. we really appreciate it very much, devon mayfield from "the

wall street journal" and dow jones. devon, thank you. right now oscar pistorius was preparing for his upcoming competitions. he was about a month away from his next race, and now his career really appears to be in ruins. as it stands now. this could change. but right now he stands to lose millions in celebrity endorsements among other things. here you can see workers in south africa taking down a billboard with his face on it advertising tv coverage of the oscars and hollywood was the theme of this. and so they're taking down the sign, as you can see. now for some context, here's a look at the runner's career. he started running in high school in 2003. by 2004 he entered his first paraolympics, winning a gold and a bronze. four years later in the 2008 paraolympics he won three gold medals. last year he won two golds and a silver in the paraolympics and went on to become the first paraolympian in -- to compete in the world olympics.

he did not win any medals but still remains quite a hero in many circles for his accomplishments as you can see, so many of them, in sports. nike's one of the companies that is backing away a little bit from what they had done with pistorius over the last several years. one advertisement had him launching into a race with the tagline, unfortunate tagline as lori rothman from fox business put it so rightly last over, i am the bullet in the chamber. in a voiceover he pronounces his body as his weapon, this is how i fight. nike's pulling away from the ad, they're taking that down, and a big question about what's next for this athlete. jon: what a story. well, the nightmare at sea appears to be over, finally. thousands of passengers now heading home from what they call a cruise ship horror. the carnival triumph stuck five days at sea absolutely awful

conditions onboard. listen to this passenger describe the panic on the ship when they first learned there was a fire. >> we had a balcony, we looked up, and there's smoke all over the place. so we woke up and went out in the hallway, people where are slamming doors and freaking out, the ship's on fire. and at that point it kind of sunk in the reality of this is a, you know, very serious situation. [laughter] so -- and they didn't tell us at first that it was a fire. it's kind of like it's a situation, it's a situation. and then, you know, they told us the extent of it. but all we could see was it was definitely a fire. jon: greg reuben with our fox affiliate karv is live in houston where passengers from the cruise ship are now arriving. greg? >> reporter: hey, jon. the first of a virtual fleet of charter aircraft have arrived here at houston's bush intercontinental airport from mobile, alabama. now, here's what we know. there will be 11 flights arriving here in houston

throughout the day bearing the weary passengers of the carnival ship triumph. an estimated 2300 of the approximately 4000 folks onboard. now, once the first two flights landed, passengers were shifted to buses; some bound for the triumph's home port of galveston, about an hour's drive away, others were taken straight to airport terminals to catch outbound flights home. at this stage of their journey, no contact with the media was allowed. here on the ground passengers were subdued, looking very much like they needed a vacation from their vacation. now, jon, once they get where they're going, we suspect bed's going the feel very good tonight. jon? jon: yeah, unbelievable. greg, thank you. much more on this, we're going to hear firsthand what it was like to be onboard that ship, stories from passengers a little bit later on this hour. jenna: well, now we're going to

turn to washington, d.c. where senate republicans are temporarily blocking a vote on chuck hagel's nomination for defense secretary, insisting that the obama administration first answer or more questions about the deadly terror attack on our consulate in benghazi back in september. chief congressional correspondent mike emanuel is live on capitol hill with more on this. so, mike, the white house tried providing more information on benghazi, but the issue really hasn't gone away. there's a desire for more information. tell us why. >> reporter: well, jenna, there was a scramble to get to 60 votes for chuck hagel's confirmation to be the next secretary of defense. there are 55 democrats in the senate, so they're trying to pick off a few republicans. so the white house counsel sent a letter to senators graham, mccain and ayotte essentially talking about benghazi and saying that president obama did not pick up the phone on the night of the benghazi attack, 9/11, to call libyan authorities to ask them to help the americans who were in benghazi in serious trouble and,

essentially, that was left to secretary of state hillary clinton. here's senator graham's reaction. >> the president of the united states did not make any phone call to any government official in libya the entire period of the attack. we found out from the letter he called government officials in libya on september the 12th after everybody was dead. >> reporter: now, chuck hagel, the defense nominee, has no connection to the benghazi attack. he was not in office at the time, but holding up chuck hagel's nomination temporarily was the one bit of leverage republicans felt like they had to get answers on that september 11th attack in benghazi when four americans were killed, jenna. jenna: what's the reaction from the president? what's the reaction from senate democrats as well? >> reporter: well, president obama says that chuck hagel's eminently qualified to be the next sec or tear of defense -- secretary of defense, and everybody here on capitol hill thinks ultimately, unless there's some bombshell between

now and when the senate votes on his confirmation next week, everybody thinks he will get through. but here's more from the president in a chat late yesterday. >> the notion that we would see an unprecedented filibuster, just about unprecedented -- we've never had a secretary of defense filibustered before -- >> uh-huh, uh-huh. >> there's nothing in the constitution ha says somebody should get 60 votes. >> reporter: an unhappy commander in chief. leon panetta, who is retiring to california, says he will stay on duty until hagel is confirmed. we expect that to be sometime after next week's recess, jenna. jenna: mike emanuel live on capitol hill. mike, thank you. >> reporter: thank you. jon: we have a new update ahead on the controversial batteries that grounded boeing's brand new dreamliner. the proactive decision airbus is making to try to avoid problems plaguing boeing. jenna: and the gun debate goes to the president's hometown now. chicago dealing with one of the highest murder rates in the

country. we have a live report ahead on that. jon: plus, brand new information on the fugitive cop investigation. what happened at big bear in california? ♪ ♪ you know my heart burns for you... ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

jenna: well, "happening now," airbus mg a command decision to avoid the problems plaguing one of their competitors, which is boeing. we have talked a lot about the dreamliner here, of course. harris faulkner is joining us live with more. >> reporter: airbus saying it's being proactive to make sure their planes don't experience the same problems with the list onion batteries -- list onion batteries. the company will instead use the traditional nickel cadmium batteries. airbus is putting out a new passenger jet, and the company officials are saying they want customers to know their plans will not be disrupted by any problems associated with ion batteries.

basically, it's this: boeing jets are grounded, 787s, that is. airbus wants their flying fleet to keep going, so they're making changes. we should note investigators with the national transportation safety board have not yet determined what exactly caused the battery problems the boeing 787 is the first commercial airliner to use lithium ion batteries. both boeing and airbus insist they have faith in the technology. the batteries weigh less and last longer, but we'll have to see what happens with the ntsb's investigation. back to you. jenna: sounds good, harris, thank you. >> reporter: sure. jon: check your watches, because just about two hours from now a massive asteroid is on track for an extremely close call with planet earth, at least in planetary terms. the giant rock, half the size of a football field, is expected to fly between earth and even some of our communications satellites. this near miss will be the

closest pass on record for an asteroid this large. phil keating is looking skyward, he was live for us in miami. [laughter] >> reporter: hey, jon. this asteroid names da14 is seeming towards the earth. it is roughly 35,000 miles away at this point, still getting closer, and that's a lot closer than the moon ever is to our planet. at its closest point, 17,200 miles from the earth -- that is projected to happen at roughly 2:24 ian time near -- eastern time, and it's still too bright for u.s.-based telescopes to get a good look. but in australia some imagery is available and coming in thanks to nasa. as for a direct hit, well, astronomers worldwide are watching, they're excited but not worried. this asteroid's about half a football field long or roughly the size of a 12-story building like this.

that certainly is big enough to wipe out a city, but scientists say at least today that is not going to happen. the real threat, though small, is to communications satellites like the ones we at fox news use. the geosynchronous plane is 22,000 miles around the earth, and da14 penetrates at 1:24 eastern, just a little more than an hour from now, coming 17,000 miles from earth, exiting at 3:24. satellite companies have been warned. they do not expect any satellite will actually be hit though. with about a million asteroids and meteors flying around earth's orbit, astronomers and telescopes around the planet are constantly looking up. >> we've seen and trackedded about 9,000 of them right now, and about a thousand of them are potentially hazardous. so we look at those carefully, and it turns out we're safe from those for many hundreds of years. >> reporter: let us hope. here is some directly related

space history. the 19808 -- 1908 event in russia which leveled forests as well as the 50,000-year-ago meteor kramer which is enormous, it's a mile in diameter, northeast of phoenix in arizona, both of those attributed to an asteroid roughly the same size as today's da14. and remember, the massive extinction attributed to the death of the dinosaurs all blamed on an asteroid. so potentially, hopefully, they're right, this is not going to happen to us and humans, wipe us out for hundreds and hundreds of years to come. jon: yeah. let's hope. [laughter] jenna: that would be a downer. jon: it's friday, phil. can we talk about happy things? we're going to have a weekend ahead. >> reporter: it's going to miss. how about that? jon: sail by. all right. phil keating live in miami, just a happy thought to get your weekend going. thanks, phil. [laughter] jenna: new details on the cruise ship triumph.

passengers who were stuck on that stranded carnival ship are finally back on dry land. we're going to talk with a mother and daughter who are very glad this particular vacation has now come to a close. plus, our legal panel on the os or car pistorius case piecing together what happened and if there were any signs of trouble before his girlfriend was shot to death at his home. >> the person has been arrested, but i can confirm there has previously been incidents at the home of mr. oscar pistorius. [ male announcer ] there's a story

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jon: right now the massive manhunt for a suspected cop killer officially is at an end. a body found in a burned-out cabin in southern california now identified as that of rogue ex-police officer christopher

dorner. adam houseley joins us live from seven oaks, california, with an update. adam? >> reporter: yeah, jon. we're here, actually, where that cabin was located at one point, now it's just rubble. rick just drove up here, and it was only a couple of days ago that you were driving up on glass road that you were carjacked, and your truck ended up here where the suspect coming into this basement where he eventually died. standing here for the first time with this rubble, what do you think? >> i'm just thinking it's kind of all surreal, you know? i kind of came down here to find out where my truck went to because i couldn't figure out where that ditch was that he was in because this is all relatively flat area here. i just came down here to see what was going on and get away from where i was a little while. >> reporter: obviously, you know this area pretty well. um, i assume it's still kind of, obviously, fresh but at the same time this is something that just doesn't happen around here, and to think this has happened in an area you know that's normally very serene, what's that feel

like? >> well, it was different, you know? the ironic part is it was kind of getting back to business as usual around here. the prevailing theory was that dorner was gone and not a threat anymore, and, you know, i even had some campers come into my boy scout camp this weekend, and i was telling them that same thing. they were a little bit worried, and i'm like, no, he's gone. come on up, got some new snow. and i felt really bad later for telling people that because, obviously, that wasn't the case. >> reporter: interesting point, your truck was almost out of gas. this road really the only time you can get down this road is in the summertime because it ends up becoming dirt roads, so he came back down here and pretty much kind of barricaded himself in. >> yeah. i'm pretty sure he didn't know where he was going. i don't think he had a plan the whole time, you know, as it turned out. and, you know, my feeling is he probably saw the message boards on the freeway with his vehicle description and just bailed out into the mountains and had no idea where he was going and ended up down here eventually. >> reporter: thankfully,

rick's okay. if we walk over here, we've been told by authorities -- they haven't officially announced this -- that the suspect, christopher dorner, died in the basement. this could be the basement they're talking about. there's evidence flags down there, evidence gloves, and as you can see, this cabin burned very hot. they brought in special equipment to knock out the windows and walls, and those flames we saw from the aerial view and, of course, pictures as well from this location, this is the cabin that now sits here, basically, just a pile of rubble. jon? jon: it's good that this thing is over. just so awful that so many people had to die. thanks very much, adam houseley. >> reporter: absolutely. jenna: well, the world's fastest runner without legs facing charges that he murdered his fashion model girlfriend, shooting her in his home on valentine's day. oscar pistorius, double amputee known around the world as the blade runner, remains in jail charged with murder. and now prosecutors say they're pursuing an upgraded charge of premeditated murder. to olympic runner has issued a

statement strongly disputing the allegations. brian silver is a former prosecutor, now a criminal defense attorney, rachel self is a criminal defense attorney. both of you have experience trying to defend alleged criminals in high profile cases. brian, there doesn't seem to be a lot of argument that he shot this woman, but you say there's not enough evidence to suggest murder. why do you feel that way? >> well, you know, the fact that they have an alleged history of domestic violence by itself is not going to prove this case. you know, according to the facts that are being reported, he allegedly shot her through a door, and the night before his burglar alarm went off. so he probably will make a claim that he thought the house was being burglarized, and he fired in his own self-defense to shockingly discover that he actually shot his girlfriend. and i think that's the direction this case is going to go in. jenna: how strong is that argument, rachel? what do you think about that? >> i think it's a strong argument. i agree. i think self-defense and tragic accident are going to be the best defenses here.

and from what i've been reading, crime in south africa is rampant. burglaries and home invasions are rampant even in gated communities. bribes given to guards in gated communities to break into people's homes. and if you think of violence in america, for instance, as a chair, home invasions and violence in south africa are like an electric chair from what i've been reading. so i think that it's not uncommon that these things happen. last year a father just shot his daughter in a similar circumstance. so i think self-defense and tragic accident are going to be what the defense does. jenna: it's interesting you both bring that up. a journalist who knew the model in the magazine that she appeared in had this to say about south africa and about this particular case, and i thought his observations were interesting, wanted to share them with his viewers. he say:

jenna: that said though, brian, the prosecutors say they're going for premeditated murder. that's not the official charge right now, but that's what they say they're going for. so violence in the community or not, they must have something that suggests that. >> well, as a defense lawyer, my question is what is the forensic evidence telling us? and i think they probably know something about this case that we don't. for example, was she shot in the head facing forward, was she shot from the side, or did the entry wounds come through the back of her head? you know, a claim of self-defense where you shoot someone in the back of the head is going to be very tough to make. secondly, i would add i wonder if there was any blood on the handgun. when we have muraleds where someone is shot at point-blank range, there's always that blood spatter on the gun. so if there's blood spatter on the gun and she was shot in the back of the head, i don't know if this is self-defense. so the forensic evidence can be very important in this case. jenna: and what about the other part of it, rachel, that is,

that police have said so little about this, but they have said they have been calledded to the home before for other domestic disputes. we don't know who was involved exactly, but what about that? how does that add into this case? >> it's definitely going to come into play with regard to whether or not he's violent, whether or not he has a premeditation for violence. and it's our understanding that prior girlfriends have said that he was violent with her, and the victim in this case, her twitter announcement just the day before this all happened had to do with standing up for victims of domestic violence. so it's absolutely going to come into play, but i believe that forensically it's going to need to be proven that it was premeditated, and i think that that might be tough to prove, but at this point we don't know for sure what's going to happen. everything's so soon. jenna: there is something that he also posted on twitter that's getting a little attention, it was in "the new york times" today. oscar pistorius in november said this: nothing like getting home to hear the washing machine on and thinking it's an intruder, to go into full combat recon

mode into the plan try. -- pantry. we've all been there where you kind of get spooked about something, but it's been documented sometimes when he had sleepless nights he would go to the gun range, he's talked about that a little bit. you know, does this -- what does this suggest to you as a criminal defense attorney? >> it tells me i have a very nervous defendant, you know? and by the way, it might be for good reason. he's a celebrity, he's an olympian, people know him, and i'm sure they know where he lives. he might be someone who's nervous, who has a lot of security concerns. but i think to a certain degree that security concern is well founded. but again, it does tell us we have someone that might have a bit more of an eager trigger finger, so to speak, than just a regular, average person. jenna: so, rachel, if you were preparing for this case, what's the first move that you would make if you were part of his defense team? >> i would start investigating all of the crime statistics

regarding everything that happens down there with home invasions and burglaries, and i would start working the tragic accident defense and the defense of self-defense. jenna: you know, there's so much being focused on him. we can't forget the woman who died in all of this and the family right now planning the funeral. brian and rachel, great to have you. it's an interesting story and one we'll watch closely over the next few weeks. thank you. >> thank you. nice to see you both. jon: president obama is talking about gun control in a city with one of the worst murder rates in the u.s. we will take you there live next. and the horror stories keep coming as passengers from the carnival cruise ship triumph make their way home. coming up, we'll hear from a mother and daughter who spent their first night on dry land. >> i'm exhausted, i'm tired, but i'm also relieved just to be on land, to see my parents, just to strive back to houston right now and go home and -- well, take a shower and then lay in my own bed. ♪

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jon: president obama wrapping up his post state of union tour today in his home of chicago, where he is set to delivery m on gun violence a few hours from now, blocks away from his home. and close to where a teenager, who performed at his inauguration was recently shot and killed. chief white house correspondent ed henry is live from chicago with the latest on all of this. >> reporter: good to see you,

jon. you're right the president will be coming here to the hyde park academy talking to high school students. it fits into his broader theme in his state of the union about education and trying to get high school students into college, give them a better start, build a better middle class as we heard him talk so much out on the road this week. you're right the elephant in the room is the gun violence gripping his hometown of chicago. the young lady you were talking about, 15 years old gunned down because of gang violence, within a mile of the president's personal home. her parents came to the state of the union, sat in the backs upstairs with first lady, michelle obama and the president used that situation to not just about the 15-year-old girl, but about newtown, connecticut, aurora, colorado to make his pitch for gun control. take a listen. >> ida's parents nate and cleo are in this chamber tonight

along with more than two dozen americans whose lives have been torn apart by gun violence. they deserve a vote. >> reporter: now we've looked at the numbers, though, and more than 800 guns have been seized here in chicago this year, that is nine times what's been seized in new york city and yet there's been 41 gun-related, shooting-related murder in the city. that is leading conservative critics to say, well wait a second, gun control may not necessary leak the answer, there is a broader problem here. so when the president gets back to washington after this speech what he's looking at is the possibility of maybe getting universal background checks which have bi-partisan support on capitol hill. it will be very hard for him to get a ban on assault weapons which he has also been pushing jon. jon:ed henry traveling with the president in chicago. thank you. jenna: we are hearing more stories of life on board that carnival ship triumph while it was stranded in the gulf of mexico for days. you've heard them all, food shortages, little power, very

few working toilets. we had a great interview yesterday on air with a 12-year-old that was on board the ship. her name julie and a hair. she joins us with her mother. safely on land. how does it feel to be on the shore, julie an jewel julianna. >> i'm just so happy. it's been a very good experience, very interesting, happy. jenna: you were a great news correspondent for us yesterday. mom, we are happy to have you with us as well. it's one thing to be an adult on a ship but it's another thing to be an adult with your child. what was the biggest challenge of the last few days, what was that like? >> not busting out crying to scare her. she was already scared so i was trying to be strong for her. but the lord helped us through. jenna: we are glad that you guys are safe.

julianna you were selling us a little bit about what the ship was like yesterday. what was the toughest part for you? >> well, um, they -- one time of the ship -- they were just trying to get everybody happy, and so they started serving free beers, and that was not a good idea. and so everybody got drunk, and i heard, i don't know, i guess this is a rumor, but people were robbing -- they were going in the cabins and taking everything, and so i got scared by that. but i got -- >> we were sleeping outside the rooms and sleeping with the doors open, so it scared her. jenna: that's interesting that you say that because we heard from another passenger last hour that there were a lot of rumors flying around the ship at any one time and that was making him nervous as well. julie, what for you was the

lowest point? the beer situation sounded like an interesting one, but as a mom what was the hardest part of it all? >> the smell was probably the worst part. there was a blackout. i think we were trying to remember if it was sunday or monday the date. i asked my mom last night, i asked what day is it today. the days really went by and you continue really tell what day it was. sunday or monday it was a blackout and it was just silent, all of a sudden it got silent. people were scared half to death, you could feel the fear, but like, again, i just keep saying the lord gave us the peace, julianna was doing her bible versess, and the lord gave her scriptures. we were praying together, the lord helped us through and we are thankful for hes message. jenna: when do you guys get home and into your own beds. >> we are going home today, five hours home. we love fox because i have not eat eve eaten and anybody who

knows me knows i love to eat. we listen to fox on sirusfm, we love fox, that's why we are here. jenna: we will share this with our viewers. i said what did you guys do, did you take a shower, eat, they ordered room service, the food didn't show up before their interview. the luck is changing, you guys, it's changing now. if we could send you a hamburger we would, we'll have to figure out how to do that. >> that's right, thank you. jenna: thank you so much for the time and the kind words we very much appreciate you, and your viewership as well. thank you for all of it. >> sthapbthank you. jon: sounds like they have a great attitude. jenna: they certainly do. i don't think i'd be smiling by the way. after that? jon: i would not either. an electric charge against "the new york times" to tell you about, the makers of a car that runs on batteries claim a

veteran time's reporter made up some facts to suit his own by as. did he? our news watch panel weighs in. in every little bottle.

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♪ ♪ jon: well, a very public spat is breaking out between electric carmaker tesla motors and "the new york times," this after times reporter john broder wrote a very negative review of his experience of a test drive of the tesla motors s. they claim his reporting was inaccurate, charging, quote "when the facts didn't suit his opinion he simply changed the facts." a times spokesperson tells foxnews.com our story was fair and accurate. we are in the process of reviewing the specific claims in tesla's blog post and we will respond to those when that

review is complete. let's talk about this unusual public spat with judith miller, a pulitzer prize prize winning investigative reporter and author. kirsten powers is a editor for the daily beast. and both are fox news contributors. >> i know something about the chrysler corporation. i believe this is a tempest in a tesl afrpblgts you have a, you have a e sai he said he said. you have a reporter at "the new york times" with a solid reputation, and we have to get to the bottom of the facts. right now we just have a set of allegations. i do think it's interesting that broder said that elan mas called him before the story appeared to

apologize for the test run that hadn't gone very well and said you're right about needing charging statements at 140 rather than 200 miles apart. jon: this wasn't just a review you have the car, this was also a resraouft whol review of the whole system that allows you to pull off the interstate, i-95 in this case on the east coast and refuel your batteries. >> he said, he said you read through everything. they are disagreeing on pretty fundamental things. i think it would be nice if there was a third party look at the data to confirm wha con confirm if what the company says is true. thceo lost credibility with me when he said the reporter was out to get him. why would they go out to get them. the idea that he would have intentionally lied about all this stuff doesn't add up.

>> the other problem is that "wired magazine" asked tesla to release the raw data, not just their account of the data but the actual data itself and so far the company hasn't done that. that does raise some questions as well. jon: it's kind of an interesting question for all of us, because we are all sort of coowners of tesla, that company got hundreds of millions of taxpayer dollars as part of the president's green energy thing. broder wrote last year "the state of the electric car is dismal, the victim of hyped expectations, technological flops, high cost and a hostile political climate." that was something he wrote, not particularly about the tes tesla but then when he drove the tesla he wrote this negative refew. he said "i spent nearly and hour at the milford charging

station. a graphic that a companies the article aer tesla looked at and pulled some kind of electronic card reader from the card that he drove, a graphic shows he spent 58 minutes there. the electronic card shows the car was pwhrugd i plugged in for 47 minutes and would have left with a higher charge if it were plugged in for 58 minutes. elan mus made a lot of money when he sold ebay. he has a lot of technological innovative companies out there. and "the new york times" is no slouch either when it comes to, you know -- >> right they actually reviewed this car on the west coast, and they gave it a very good review. the problem here seems to be the impact of temperature on the lithium battery, and whether or

not you need to recharge more frequently when the temperature drops. that was the point that broder was trying to make. i think we need more data here before we come to a conclusion. i agree with kirstin, what we really need is an independent arbiter. there is a great deal riding for tesla. if they have to install these charging stations that are fast as opposed to the overnight ones at a shorter distance this is going to cost the company a lot of money, so a lot is at stake, which may explain why he decided to go on to twitter to make his case. jon: and this test drive took place at a time when the temperature, you know, that cold snap hit the east coast and temperatures were 30 degrees and well below, down -- >> it also sound like if you read it it's a pretty dense back and forth between the two of them but it sounds to a certain extent like a customer service problem. the journalist was calling and trying to get help and doing what he was told to do and it sound like either he was getting

bad advice from the customer service people or he didn't understand it and that sort of has implications for the car if it's that hard to understand. >> this is a hundred thousand dollar vehicle, none of us is going to be riding it around for fun. >> more news watch tomorrow.

jenna: a major legal battle is heating up between one of the best known names in lux raoefplt the blue box versus the big box. tiffany is accusing costco of selling imitation jewelry. they say customers brought the jewelry believing that it was authentic. lauren is on the story. >> it is the blue box versus the big box. tiffany suing costco for selling

fake tiffany diamond inch gaugement rings alleging trademark infringement, counterfeiting and energy to business reputation this. all started last year when a woman in california alerted tiffany to the tiffany diamond signs seen in her local hung r huntington beach costco. it was selling a platinum one carat bil round for 1300. they want costco to not only forfeit profits from the sales but they can ask for three times that in damages under the law. the case can take up to a year, but they think they have the volume to support that. take a listen to the statement, quote, we now know that there are at least hundreds if not thousands of costco members who think they bought a tiffany engagement ring at costco, which they did not. so obvious question, how do you know if a tiffany diamond is a

tiffany diamond? well it's inscribed. it's going to typically have about nine characters both numbers and letters set into the stone, and also really you should just use plain common-sense, a tiffany diamond starts at 11k, if you're seeing it for $6,400 you've got to think, this is too good to be true. jenna: the deals are so good at costco. you've got 12-pound of guacamole and a diamond engagement ring and all that stuff for such good prices. >> tiffany actually said they are priced by costco because they do have a nice reputation. they weren't expecting to see behave like this. jenna: it sounds like there is more to the story. we'll need to take a look eight it. thank you. jon: i'm not going to buy any more july rejohnston just pull back, jon. jon: terror over russia, a gigantic meteor screaming across the sky, the explosion shattering glass for miles injuring more than a thousand people, more of this dramatic video you must see next. aw this is tragic man, investors just like you

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